Glycine from the People's Republic of China; Final Results of the Expedited Sunset Review of the Antidumping Duty Order, 58185-58186 [E5-5461]
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Federal Register / Vol. 70, No. 192 / Wednesday, October 5, 2005 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
A–588–804
Antifriction Bearings (Other Than
Tapered Roller Bearings) and Parts
Thereof from Japan: Amended Final
Results of Antidumping Duty
Administrative Reviews
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On June 27, 2005, the United
States Court of International Trade (CIT)
affirmed the Department of Commerce’s
(the Department’s) redetermination on
remand of the final results of the
antidumping duty administrative
reviews on antifriction bearings (other
than tapered roller bearings) and parts
thereof from Japan. See NSK Ltd. v.
United States, Consol. Court No. 98–07–
02527, slip op 05–77 (CIT 2005). The
Department is now issuing these
amended final results reflecting the
court’s decision.
EFFECTIVE DATE: October 5, 2005.
FOR FURTHER INFORMATION CONTACT:
Yang Jin Chun or Richard Rimlinger,
AD/CVD Operations, Office 5, Import
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–5760 or (202) 482–
4477, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On June 18, 1998, the Department
published the final results of
administrative reviews of the
antidumping duty orders on antifriction
bearings (other than tapered roller
bearings) and parts thereof from Japan
for the period May 1, 1996, through
April 30, 1997. See Antifriction Bearings
(Other Than Tapered Roller Bearings)
and Parts Thereof from France, et al.;
Final Results of Antidumping Duty
Administrative Reviews, 63 FR 33320
(June 18, 1998). NSK Ltd. and NSK
Corporation (hereafter ‘‘NSK’’) filed a
lawsuit challenging the final results. On
July 8, 2002, the CIT affirmed the
Department’s decision to classify NSK’s
repacking expenses as a selling expense
under section 772(d)(1)(B) of the Tariff
Act of 1930, as amended (the Act). See
NSK Ltd. v. United States, 217 F. Supp.
2d 1291 (CIT 2002).
NSK appealed the CIT’s judgment to
the United States Court of Appeals for
the Federal Circuit (CAFC). The CAFC
vacated and remanded the Department’s
decision to classify NSK’s repacking
expenses as selling expenses and not
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16:46 Oct 04, 2005
Jkt 208001
movement expenses under section
772(d)(1)(B) of the Act. On February 18,
2005, pursuant to the CAFC’s decision,
the CIT remanded this case to the
Department to revisit its classification of
U.S. repacking expenses as selling
expenses and provide an explanation for
the inconsistent treatment of U.S.
repacking expense, U.S. warehousing
expense, and U.S. expense for shipping
from warehouse to customer. See NSK
Ltd. v. United States, Consol. Court No.
98–07–02527, slip op. 05–26 (CIT 2005).
In accordance with the CIT’s remand
order in NSK Ltd., slip op. 05–26, the
Department filed its remand results on
May 18, 2005. In those remand results,
the Department reclassified repacking
expenses as movement expenses and
recalculated NSK’s margins accordingly.
On June 27, 2005, the CIT affirmed
the Department’s final results of remand
redetermination in their entirety. See
NSK Ltd., slip op 05–77. On July 14,
2005, the Department published
Antifriction Bearings (Other Than
Tapered Roller Bearings) and Parts
Thereof from Japan: Notice of Court
Decision Not in Harmony, 70 FR 40688
(July 14, 2005). There was no appeal of
the CIT’s decision to the CAFC within
the appeal period. Therefore, the CIT’s
decision is now final and conclusive.
Amendment to Final Results
We are now amending the final
results of these reviews to reflect the
final and conclusive decision of the
court. The changes to our calculations
with respect to NSK resulted in a
change in the weighted–average margin
for ball bearings from 2.35 percent to
2.34 percent and a change in the
weighted–average margin for cylindrical
roller bearings from 2.21 percent to 2.19
percent for the period of review. The
Department will instruct U.S. Customs
and Border Protection to liquidate
entries of the ball bearings and
cylindrical roller bearings from Japan
produced by, exported to, or imported
into the United States by NSK during
the review period at the assessment
rates the Department calculated for
these amended final results of reviews.
We are issuing and publishing these
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act.
Dated: September 29, 2005.
Barbara E. Tillman,
Acting Assistant Secretaryfor Import
Administration.
[FR Doc. E5–5460 Filed 10–4–05; 8:45 am]
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58185
DEPARTMENT OF COMMERCE
International Trade Administration
(A–570–836)
Glycine from the People’s Republic of
China; Final Results of the Expedited
Sunset Review of the Antidumping
Duty Order
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On June 1, 2005, the
Department of Commerce (‘‘the
Department’’) initiated a sunset review
of the antidumping duty order on
glycine from the People’s Republic of
China pursuant to section 751(c) of the
Tariff Act of 1930, as amended (‘‘the
Act’’). See Initiation of Five-year
(Sunset) Reviews, 70 FR 31423 (June 1,
2005). On the basis of a notice of intent
to participate and an adequate
substantive response filed on behalf of
the domestic interested parties and
inadequate response from respondent
interested parties (in this case, no
response), the Department conducted an
expedited sunset review of the
antidumping duty order pursuant to
section 751(c)(3)(B) of the Act and
section 351.218(e)(1)(ii)(B) of the
Department’s regulations. As a result of
this sunset review, the Department finds
that revocation of the antidumping duty
order would likely lead to continuation
or recurrence of dumping at the levels
indicated in the ‘‘Final Results of
Review’’ section of this notice.
EFFECTIVE DATE: October 5, 2005.
FOR FURTHER INFORMATION CONTACT:
Maureen Flannery, AD/CVD Operations,
Import Administration, International
Trade Administration, U.S. Department
of Commerce, 14th Street and
Constitution Avenue, NW, Washington,
DC 20230; telephone: (202) 482–1388.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On June 1, 2005, the Department
initiated a sunset review of the
antidumping duty order on glycine from
the People’s Republic of China pursuant
to section 751(c) of the Act. See
Initiation of Five-year (Sunset) Reviews,
70 FR 31423 (June 1, 2005). The
Department received a Notice of Intent
to Participate from the following
domestic interested parties: the Glycine
Fair Trade Committee (‘‘Committee’’),
an ad hoc coalition of domestic
producers, and its individual members,
Hampshire Chemical Corp. and Chattem
Chemicals, Inc. (collectively ‘‘the
domestic interested parties’’), within the
deadline specified in 19 CFR
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58186
Federal Register / Vol. 70, No. 192 / Wednesday, October 5, 2005 / Notices
351.218(d)(1)(I). The domestic
interested parties claimed interested
party status under section 771(9)(c) of
the Act, as U.S. manufacturers of
glycine, and sections 771(9)(E) and (F)
of the Act, as a trade or business
association of domestic manufacturers
of glycine whose members are engaged
in the production of glycine in the
United States. The Department received
a complete substantive response from
the domestic interested parties within
the 30-day deadline specified in 19 CFR
351.218(d)(3)(i). However, the
Department did not receive any
responses from the respondent
interested parties to this proceeding. As
a result, pursuant to section 751(c)(3)(B)
of the Act and 19 CFR
351.218(e)(1)(ii)(C)(2), the Department
conducted an expedited sunset review
of this antidumping duty order.
Scope of the Order
The product covered by the order is
glycine, which is a free–flowing
crystalline material, like salt or sugar.
Glycine is produced at varying levels of
purity and is used as a sweetener/taste
enhancer, a buffering agent,
reabsorbable amino acid, chemical
intermediate, and a metal complexing
agent. This order covers glycine of all
purity levels. Glycine is currently
classified under subheading
2922.49.4020 of the Harmonized Tariff
Schedule of the United States (HTSUS).
In a separate scope ruling, the
Department determined that D(-)
Phenylglycine Ethyl Dane Salt is outside
the scope of the order. See Notice of
Scope Ruilings, 62 FR 62288 (November
21, 1997). Although the HTSUS
subheading is provided for convenience
and customs purposes, the written
description of the merchandise under
the order is dispositive.
Analysis of Comments Received:
All issues raised in this review are
addressed in the Issues and Decision
Memorandum (‘‘Decision
Memorandum’’) from Barbara E.
Tillman, Acting Deputy Assistant
Secretary, Import Administration, to
Joseph A. Spetrini, Acting Assistant
Secretary for Import Administration,
dated September 29, 2005, which is
hereby adopted by this notice. The
issues discussed in the accompanying
Decision Memorandum include the
likelihood of continuation or recurrence
of dumping were the order revoked and
the magnitude of the margin likely to
prevail. Parties can find a complete
discussion of all issues raised in this
review and the corresponding
recommendations in this public
memorandum which is on file in the
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16:03 Oct 04, 2005
Jkt 208001
Central Records Unit, room B–099 of the
main Commerce building. In addition, a
complete version of the Decision
Memorandum can be accessed directly
on the Web at https://ia.ita.doc.gov/frn.
The paper copy and electronic version
of the Decision Memorandum are
identical in content.
Final Results of Review
The Department determines that
revocation of the antidumping duty
order on glycine from the People’s
Republic of China would be likely to
lead to continuation or recurrence of
dumping at the rates listed below:
Producers/Exporters
Weighted–Average
Margin (percent)
Baoding Mantong Fine
Chemistry Co., Ltd. ...
Nantong Dongchang
Chemical Industry
Corp. .........................
PRC–wide rate .............
155.89
155.89
155.89
Notification regarding Administrative
Protective Order:
This notice also serves as the only
reminder to parties subject to
administrative protective order (‘‘APO’’)
of their responsibility concerning the
return or destruction of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305 of the
Department’s regulations. Timely
notification of the return or destruction
of APO materials or conversion to
judicial protective order is hereby
requested. Failure to comply with the
regulations and terms of an APO is a
violation which is subject to sanction.
We are issuing and publishing the
results and notice in accordance with
sections 751(c), 752, and 777(i)(1) of the
Act.
Dated: September 29, 2005.
Barbara E. Tillman,
Acting Assistant Secretary for Import
Administration.
[FR Doc. E5–5461 Filed 10–4–05; 8:45 am]
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DEPARTMENT OF COMMERCE
International Trade Administration
A–580–839
Certain Polyester Staple Fiber from the
Republic of Korea: Extension of Time
Limit for the Final Results of the
Antidumping Duty Administrative
Review
Import Administration,
International Trade Administration,
Department of Commerce.
AGENCY:
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SUMMARY: The Department of Commerce
is extending the time limit for the final
results of the administrative review of
the antidumping duty order on certain
polyester staple fiber from the Republic
of Korea. The period of review is May
1, 2003, through April 30, 2004. This
extension is made pursuant to section
751(a)(3)(A) of the Tariff Act of 1930, as
amended by the Uruguay Round
Agreements Act.
EFFECTIVE DATE: October 5, 2005.
FOR FURTHER INFORMATION CONTACT:
Andrew McAllister or Yasmin Bordas,
AD/CVD Operations, Office 1, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington DC 20230;
telephone: (202) 482–1174 or (202) 482–
3813, respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 6, 2005, the Department of
Commerce (‘‘the Department’’)
published the preliminary results of the
administrative review of the
antidumping duty order on certain
polyester staple fiber from the Republic
of Korea covering the period May 1,
2003, through April 30, 2004 (70 FR
32756). The final results for the
antidumping duty administrative review
of certain polyester staple fiber from the
Republic of Korea are currently due no
later than October 4, 2005.
Extension of Time Limits for Final
Results
Section 751(a)(3)(A) of the Tariff Act
of 1930, as amended by the Uruguay
Round Agreements Act (‘‘the Act’’),
requires the Department to issue the
preliminary results of an administrative
review within 245 days after the last day
of the anniversary month of an
antidumping duty order for which a
review is requested and issue the final
results within 120 days after the date on
which the preliminary results are
published. However, if it is not
practicable to complete the review
within the time period, section
751(a)(3)(A) of the Act allows the
Department to extend these deadlines to
a maximum of 365 days and 180 days,
respectively.
Because the Department requires
additional time to review and analyze
the comments submitted by interested
parties regarding complex physical
characteristic codes of control numbers,
it is not practicable to complete this
review within the originally anticipated
time limit (i.e., by October 4, 2005).
Accordingly, the Department is
extending the time limit for completion
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[Federal Register Volume 70, Number 192 (Wednesday, October 5, 2005)]
[Notices]
[Pages 58185-58186]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-5461]
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DEPARTMENT OF COMMERCE
International Trade Administration
(A-570-836)
Glycine from the People's Republic of China; Final Results of the
Expedited Sunset Review of the Antidumping Duty Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On June 1, 2005, the Department of Commerce (``the
Department'') initiated a sunset review of the antidumping duty order
on glycine from the People's Republic of China pursuant to section
751(c) of the Tariff Act of 1930, as amended (``the Act''). See
Initiation of Five-year (Sunset) Reviews, 70 FR 31423 (June 1, 2005).
On the basis of a notice of intent to participate and an adequate
substantive response filed on behalf of the domestic interested parties
and inadequate response from respondent interested parties (in this
case, no response), the Department conducted an expedited sunset review
of the antidumping duty order pursuant to section 751(c)(3)(B) of the
Act and section 351.218(e)(1)(ii)(B) of the Department's regulations.
As a result of this sunset review, the Department finds that revocation
of the antidumping duty order would likely lead to continuation or
recurrence of dumping at the levels indicated in the ``Final Results of
Review'' section of this notice.
EFFECTIVE DATE: October 5, 2005.
FOR FURTHER INFORMATION CONTACT: Maureen Flannery, AD/CVD Operations,
Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue, NW,
Washington, DC 20230; telephone: (202) 482-1388.
SUPPLEMENTARY INFORMATION:
Background
On June 1, 2005, the Department initiated a sunset review of the
antidumping duty order on glycine from the People's Republic of China
pursuant to section 751(c) of the Act. See Initiation of Five-year
(Sunset) Reviews, 70 FR 31423 (June 1, 2005). The Department received a
Notice of Intent to Participate from the following domestic interested
parties: the Glycine Fair Trade Committee (``Committee''), an ad hoc
coalition of domestic producers, and its individual members, Hampshire
Chemical Corp. and Chattem Chemicals, Inc. (collectively ``the domestic
interested parties''), within the deadline specified in 19 CFR
[[Page 58186]]
351.218(d)(1)(I). The domestic interested parties claimed interested
party status under section 771(9)(c) of the Act, as U.S. manufacturers
of glycine, and sections 771(9)(E) and (F) of the Act, as a trade or
business association of domestic manufacturers of glycine whose members
are engaged in the production of glycine in the United States. The
Department received a complete substantive response from the domestic
interested parties within the 30-day deadline specified in 19 CFR
351.218(d)(3)(i). However, the Department did not receive any responses
from the respondent interested parties to this proceeding. As a result,
pursuant to section 751(c)(3)(B) of the Act and 19 CFR
351.218(e)(1)(ii)(C)(2), the Department conducted an expedited sunset
review of this antidumping duty order.
Scope of the Order
The product covered by the order is glycine, which is a free-
flowing crystalline material, like salt or sugar. Glycine is produced
at varying levels of purity and is used as a sweetener/taste enhancer,
a buffering agent, reabsorbable amino acid, chemical intermediate, and
a metal complexing agent. This order covers glycine of all purity
levels. Glycine is currently classified under subheading 2922.49.4020
of the Harmonized Tariff Schedule of the United States (HTSUS). In a
separate scope ruling, the Department determined that D(-)
Phenylglycine Ethyl Dane Salt is outside the scope of the order. See
Notice of Scope Ruilings, 62 FR 62288 (November 21, 1997). Although the
HTSUS subheading is provided for convenience and customs purposes, the
written description of the merchandise under the order is dispositive.
Analysis of Comments Received:
All issues raised in this review are addressed in the Issues and
Decision Memorandum (``Decision Memorandum'') from Barbara E. Tillman,
Acting Deputy Assistant Secretary, Import Administration, to Joseph A.
Spetrini, Acting Assistant Secretary for Import Administration, dated
September 29, 2005, which is hereby adopted by this notice. The issues
discussed in the accompanying Decision Memorandum include the
likelihood of continuation or recurrence of dumping were the order
revoked and the magnitude of the margin likely to prevail. Parties can
find a complete discussion of all issues raised in this review and the
corresponding recommendations in this public memorandum which is on
file in the Central Records Unit, room B-099 of the main Commerce
building. In addition, a complete version of the Decision Memorandum
can be accessed directly on the Web at https://ia.ita.doc.gov/frn. The
paper copy and electronic version of the Decision Memorandum are
identical in content.
Final Results of Review
The Department determines that revocation of the antidumping duty
order on glycine from the People's Republic of China would be likely to
lead to continuation or recurrence of dumping at the rates listed
below:
------------------------------------------------------------------------
Weighted-Average
Producers/Exporters Margin (percent)
------------------------------------------------------------------------
Baoding Mantong Fine Chemistry Co., Ltd............. 155.89
Nantong Dongchang Chemical Industry Corp............ 155.89
PRC-wide rate....................................... 155.89
------------------------------------------------------------------------
Notification regarding Administrative Protective Order:
This notice also serves as the only reminder to parties subject to
administrative protective order (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305 of the
Department's regulations. Timely notification of the return or
destruction of APO materials or conversion to judicial protective order
is hereby requested. Failure to comply with the regulations and terms
of an APO is a violation which is subject to sanction.
We are issuing and publishing the results and notice in accordance
with sections 751(c), 752, and 777(i)(1) of the Act.
Dated: September 29, 2005.
Barbara E. Tillman,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-5461 Filed 10-4-05; 8:45 am]
BILLING CODE 3510-DS-S
